Case law

Schmidt v. Secretary of Health and Human Services

United States Court of Federal Claims · Nov 12, 2025

2021 immunization and the dosage. … that he received a vaccine covered by the Program, administered either in the United States and its territories or in another geographical area but qualifying for a limited exception and has not filed a civil suit or collected

In Re Upstream Addicks and Barker (Texas) Flood-Control Reservoirs v. United States

United States Court of Federal Claims · May 24, 2018

They must establish that “treatment under takings law, as opposed to tort law, is appropriate under the circumstances.” Id. … The Court’s commitment to an open, fact-driven, case-specific inquiry is supported by the quotation of qualified and not categorical language: a single act of flooding “may” not be enough.

Apache Tribe of the Mescalero Reservation v. United States

43 Fed. Cl. 155 · United States Court of Federal Claims · Mar 5, 1999

Defendant’s expert witness was recognized as qualified in the fields of forest management and forest economics. … Under statutes, regulations, and forest management plans, the government clearly had a continuing duty to manage plaintiffs timber resources. Mitchell, 463 U.S. at 224 , 103 S.Ct. 2961 .

Sekri, Inc. v. United States

United States Court of Federal Claims · Jun 1, 2023

Assessment of attorney’s fees is inappropriate when a party merely bases its arguments on an “‘erroneous view of the law or on a clearly erroneous assessment of the evidence.’” Level 3 Commc’ns, 724 F. … The applicant for attorney’s fees bears the burden of establishing entitlement to an award. Rumsey v. Dep’t of Just., 866 F.3d 1375, 1379 (Fed. Cir. 2017).

Ingham Regional Medical Center v. United States

126 Fed. Cl. 1 · United States Court of Federal Claims · Mar 22, 2016

If an individual claim qualifies for payment under the TRICARE Program, then the claim is reimbursed in accordance with the guidelines set forth in 32 C.F.R. § 199.14. … The language of the Release clearly and expressly incorporated the terms of the April 25, 2011 Letter.

Mobile Medical International Corp. v. United States

95 Fed. Cl. 706 · United States Court of Federal Claims · Aug 31, 2010

[A] potential bidder must establish that it had a substantial chance of securing the award in order to establish standing.... … In sum, plaintiff has not met its burden of establishing prejudice.

Consolidation Coal Co. v. United States

64 Fed. Cl. 718 · United States Court of Federal Claims · Apr 4, 2005

Plaintiffs also argue that the record-keeping regulations merely serve a “control function” and do not establish that the reclamation fee is based on the amount of coal extracted. … [a]nd coal produced is clearly distinguishable from a sales tax. Congress knows how to do a sales tax. It did it in the Black Lung Excise Tax ...

Haggart v. United States

108 Fed. Cl. 70 · United States Court of Federal Claims · Dec 18, 2012

A qualifying plaintiff must have owned pertinent property on the date of the taking. … and expressly limits or qualifies the interest conveyed.”

Health Republic Insurance Company v. United States

United States Court of Federal Claims · Aug 19, 2022

HHS removed the action to federal district court pursuant to 28 U.S.C. § 1442 and moved for dismissal on sovereign immunity grounds. See id. at 524. … And the structure and purpose of these laws, which seek to improve federal debt collection efforts, do not suggest let alone clearly show that Congress was aimed at ensuring interest would accrue on the debt of insolvent

Irwin v. Secretary of Health and Human Services

United States Court of Federal Claims · Feb 29, 2024

Hedrick stated, “…the magnitude of an immune response to an infectious agent is different than the magnitude of an immune response to a vaccine.” Tr. 72. … When a petitioner has established that vaccination can cause a given condition and has demonstrated that the timing prong has been met, it allows the petitioner to establish that vaccination was the but-for cause of his condition

Johnson v. Secretary of Health and Human Services

United States Court of Federal Claims · Jan 23, 2026

Petitioner reported she had to suppress her right eye vision to see clearly. Id. at 21. Dr. Clark diagnosed diplopia (double vision). Id. at 22. … She is “no longer able to hear music clearly; concerts and movies no longer are enjoyable.” Id. And she has difficulties communicating with her family. Id.

Songero v. Secretary of Health and Human Services

United States Court of Federal Claims · Oct 28, 2025

In ADEM, a related condition, “the presumptive mechanism is immune-mediated demyelination although immune- complex mediated vasculopathy has also been postulated.” Id.; Pet. Ex. 19 at 1-2. 19 Dr. … “[I]nteractions of the immune cells and the potential for a negative cascade of auto- immunity have led to postulation of what is termed the ‘fertile field’ model.” Id.

Gary R. Poling, on Behalf of J.T.P. v. Secretary of Health and Human Services

United States Court of Federal Claims · Jan 10, 2014

He alleges that J.T.P. sustained the first symptom or manifestation of his injury within two weeks of his immunization, developed Idiopathic Thrombocytopenic Purpura (“ITP”) as sequela of this injury, and experienced the … No payments shall be made until petitioner provides respondent with documentation establishing that he has been appointed as the guardian/conservator of J.T.P.’s estate; and b. a lump sum of

McNabb v. Secretary of Health and Human Services

United States Court of Federal Claims · Jan 5, 2026

Maverkais is qualified as an expert in dermatology. 2  a. … Maverakis acknowledged that petitioner experienced a rash after receipt of the flu vaccine, he argued that the rash was not clearly consistent with DRESS. Id. at 13-14. In his supplemental report, Dr.

Mullins v. Secretary of Health and Human Services

United States Court of Federal Claims · Sep 4, 2024

K.M. was unable to communicate her symptoms clearly given her age, but was not acting as she normally would according to her parents. Id. … F, Tab 4 at 3 (“[L]eukodystrophies are genetic leukoencephalopathies, but not all genetic leukoencephalopathies qualify as leukodystrophies.”).

PR Contractors, Inc. v. United States

69 Fed. Cl. 468 · United States Court of Federal Claims · Jan 20, 2006

Nor has the Plaintiff established what the evidence underlying the claim is or whether it is admissible. … To establish that Exhibits 8 and 9 are admissions of a party opponent, PR must demonstrate that Mr.

Cyios Corporation v. United States

124 Fed. Cl. 107 · United States Court of Federal Claims · Nov 23, 2015

But, CYIOS provides no authority to suggest that a claim of surprise would qualify as an “extraordinary circumstance.” … Nor does a claim of legal error qualify as an extraordinary circumstance under Rule 60(b)(6). See supra Part II.B.

Baldi Bros, Inc. v. United States

United States Court of Federal Claims · May 12, 2023

It argues that Baldi cannot prevail on its constructive change claim in Allegation 4 because “the contract requirements clearly establish that both the Soil Tracking Form and the Travis [AFB] Environmental Plan are required … Also, there is no evidence that demonstrates that the Soil Management Procedures Manual qualifies as a base regulation.

Goddard v. Secretary of Health and Human Services

United States Court of Federal Claims · Jun 12, 2018

Petitioner alleges that A.G. suffered immune thrombocytopenic purpura ("ITP") that was caused-in-fact by his vaccinations. … There is absolutely no agreement on the part of t\1e parties hereto to make any payment or to do any act or thing other than is herein expressly stated and clearly agreed to.

Quimba Software, Inc. v. United States

132 Fed. Cl. 676 · United States Court of Federal Claims · Jun 26, 2017

Although the Tucker Act expressly waives the sovereign immunity of the United States against such claims, it “does not create any substantive right enforceable against the United States for money damages.” … The paragraph immediately following (b)(1) establishes an exception to the presumption for cases in which the deferral was discernibly unavoidable. 7  The presumption